Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In 4 Guam Code Ann. § 4130

  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
The head or director of a department or agency shall grant administrative leave of absence, not to exceed twenty (20) days, Saturdays, Sundays and government of Guam holidays excepted, to an employee for the purpose of donating an organ, tissue, or bone marrow.

(a) The head or director of a department or agency shall require verification by a physician regarding the purpose of the administrative leave requested, and information from the physician regarding the length of the administrative leave requested.

(b) Any paid leave of absence granted under this Section shall not result in a loss of compensation, seniority, annual leave, sick leave, or accrued overtime for which the employee is otherwise eligible.

(c) For purposes of this Section, department or agency includes the Guam Department of Education, the University of Guam, the Guam Community College, all autonomous agencies and public corporations, including the Guam Visitors Bureau as defined in Chapter 9 of Title 12, Guam Code Ann., and the judicial and legislative branches of the government of Guam.

(d) Administrative leave granted under this Section shall be extended in the event that the attending physician determines, in writing, that the employee requires additional time to recuperate from the procedure.

SOURCE: Added by P.L. 34-023:1 (July 13, 2017).

2017 NOTE: Subsection designations added pursuant to the authority of
1 Guam Code Ann. § 1606.

———-

ARTICLE 1A
MILITARY FAMILY LEAVE ACT OF GUAM SOURCE: Added by P.L. 29-149:1 (Jan. 20, 2009).
§ 4A101. Title.
§ 4A102. Purpose.
§ 4A103. Definitions.
§ 4A104. Leave Required.
§ 4A105. Provisions.

§ 4A101. Title.

Article lA of Title 4, Guam Code Annotated, is hereby created to make its title the Military Family Leave Act of Guam (MFLAG) and throughout the Chapter the acronym MFLAG will be referred to as this Act.

§ 4A102. Purpose.

In order to serve the families of those troops currently serving in military conflicts in Iraq, Afghanistan, and throughout the world, serving in the Global War on Terrorism, and to assure that these families are able to spend time together during the qualified service member’s leave to and from deployment, to include pre- deployment, post-deployment, during deployment, any return for Rest and Relaxation (R&R) leave during deployment or reintegration from deployment, and to handle their personal affairs by their spouse or designated next of kin or attorney-in- fact, it is necessary that this Act take effect immediately.

§ 4A103. Definitions.

The following definitions shall be used in interpreting this
Article.

(a) Qualified Employee means a person who satisfies all of the following:
(1) Is the spouse, authorized representative, designated next of kin, or attorney-in-fact of a qualified member.

(2) Performs service for hire for an employer for an average of twenty (20) or more hours per week, but does not include an independent contractor.

(3) Provides the qualified employer with notice, within two (2) business days of receiving official notice that the qualified member will be on leave from deployment, of his or her intention to take the leave provided for in § 4A104 of this Article as requested.

(4) Submits written documentation to the qualified employer certifying that the qualified member will be on leave from deployment during the time the leave provided for in subdivision (e) is requested.

(b) Qualified Employer means any government of Guam instrumentality, Military related unit on Guam, municipal village instrumentality, public authority, or any other governmental entity on Guam subdivision, that employs fifteen (15) or more employees.

(c) Period of military-conflict means either of the following:

(1) A period of war declared by the United States
Congress;

(2) A period of deployment for which a member of a reserve component is ordered to active duty pursuant to either of the following:

(A) Sections 12301 and 12302 of Title 10 of the United States Code, or

(B) Title 32 of the United States Code.

(d) Qualified Service Member means a person who is any of the following:

(1) A service member of the Armed Forces of the
United States who has been deployed during a period of
military conflict to an area designated as a combat theater or combat zone by the President of the United States; or

(2) A service member of the National Guard who has been deployed during a period of military conflict; or

(3) A service member of the Reserves who has been deployed during a period of military conflict.

(e) Qualified leave period means the period during which the qualified service member is on leave from deployment during a period of military conflict, to include pre-deployment, post deployment, return for rest and relaxation (R&R), reintegration, or after deployment.

NOTE: Pursuant to 1 Guam Code Ann. § 1606, subsection desisgnations in subsection
(c) were altered to adhere to the Compiler’s alpha-numeric scheme.

§ 4A104. Leave Required.

Notwithstanding any other provision of law, a qualified employer may allow a qualified employee to take up to fifteen (15) days of unpaid leave during a qualified leave period.

§ 4A105. Provisions.

(a) A qualified employer shall not retaliate against a qualified employee for requesting or taking the leave provided for in this Section.

(b) The leave provided for in this Section shall not affect or prevent a qualified employer from allowing a qualified employee to take a leave that the qualified employee is otherwise entitled to take.

(c) This Section shall not affect a qualified employee’s rights with respect to any other employee benefit provided for in other laws.

———-

ARTICLE 1B
DERIVED VETERANS BENEFITS FOR SPOUSE, SURVIVING SPOUSE, OR LEGAL GUARDIAN

SOURCE: Entire article added by P.L. 31-240:3 (Dec. 6, 2012).

§ 4B101. Eligibility.
§ 4B102. Applying for Benefits.
§ 4B103. Eligibility Period: Spouse.
§ 4B104. Eligibility Period: Surviving Spouse.
§ 4B105. Eligibility Period: Legal Guardian.
§ 4B106. [Untitled Section].

§ 4B101. Eligibility.

(a) Benefits under 16 Guam Code Ann., Chapter 3, § 3102.1 (Waiver of Driver’s License Fee provided to all Veterans), and 16 Guam Code Ann., Chapter 7, § 7160 (e) and § 7161 (f), and 10 Guam Code Ann., Chapter 51, § 51506 (d) (Waiver of Annual Vehicle License and Registration
Fees provided to Veterans with one hundred percent (100%) Disability or individually Unemployable), and 4 Guam Code Ann., Chapter 4,
§ 4104 (Preferences provided to Veterans with one hundred
percent (100%) Disability or Individually Unemployable) are hereby extended as “”derived benefits”” to the spouse, legal guardian, or surviving spouse as defined in § 67101 of Chapter 67, Title 10, Guam Code Annotated.

(b) For purposes of this Article, the ten (10) point preference provided under Title 4, GCA, Chapter 4, § 4104 shall be applicable as a “”derived benefit””.

2016 NOTE: Subsection designations added to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by
1 Guam Code Ann. § 1606.

§ 4B102. Applying for Benefits.

(a) The Guam Office of Veterans Affairs (OVA) shall be responsible for certifying eligibility of spouses, surviving spouses or legal guardians applying for the derived benefits; and

(b) the Department of Revenue and Taxation, the Department of Administration, and the Human Resource Divisions of autonomous agencies shall extend applicable benefits to spouses,surviving spouses or legal guardians who have been certified by the Guam Veterans Affairs Office as being eligible. The OVA shall be authorized to recruit and hire one (1) full-time Administrative Clerk position to perform the duties associated with certification and related OVA duties, provided funds are available.

§ 4B103. Eligibility Period: Spouse.

Benefits extended to a spouse eligible under this Article, shall continue for as long as that individual is legally married to the Veteran who is eligible for the benefits. If the marriage is terminated by divorce, eligibility for the benefits shall end on the date of the adjudicated Final Decree.

§ 4B104. Eligibility Period: Surviving Spouse.

Benefits extended to a Surviving Spouse eligible under this Article, shall continue for a period of ten (10) years from the date of death of service member.

§ 4B105. Eligibility Period: Legal Guardian.

Benefits extended to a Legal Guardian eligible under this
Article, shall continue for the periods as follows:

(a) until minor children for which the guardian is legally responsible for, reach the age of eighteen (18) or until the age of twenty-three (23), if enrolled as a full-time student in an accredited degree or certification program; or

(b) the service member for whom the legal guardian is responsible for becomes deceased.

§ 4B106. [Untitled Section].

The extension of “”derived benefits”” shall be applicable to the eligible spouses, surviving spouses, and legal guardians, as defined in § 67101 of Chapter 67, Title 10, Guam Code Annotated, of Veterans who served in the U.S. Armed Forces during World War II, the Korean Conflict, Vietnam War and conflicts associated with the War on Terror.

2015 NOTE: This provision did not have a title when added by P.L. 31-
240:3 (Dec. 6, 2012).

———-

ARTICLE 2
REMOVAL, PROHIBITIONS, PENALTIES